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Commital hearing for babysitter

After having dinner and watching the movie Due Date at Sunshine Plaza, Anthony Murphy and his wife, Phuritee, drove to the babysitter's house to pick up their 10-month-old daughter, Chloe.

They found their daughter unconscious and "completely limp".

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'She was fighting for each breath'

A forensic pathologist says it is possible the head injuries suffered by Chloe could have occurred before taken to the babysitter.

Chloe died two days later from what police claimed were injuries suffered from being violently shaken by the babysitter, Ketapat Jenkins.

Jenkins, 28, of Kensington, has been charged with Chloe's manslaughter in December 2010.

Mr Murphy told the Melbourne Magistrates Court on Monday during a committal hearing for Jenkins, whose nickname is Gift, that he and his wife went to pick up Chloe just after 11pm on December 3, 2010.

He said Gift was cradling Chloe in her arms and asked, "Why didn't you tell me your baby's got asthma?"


Mr Murphy and his wife, known as Kat, told Gift that Chloe did not have asthma.

"Gift then said that Chloe was breathing like she had asthma," Mr Murphy said in a statement tendered to the court.

"I came closer and I could hear that her breathing was really laboured and she was fighting and struggling for each breath.

"I took hold of Chloe under her armpits and immediately realised that she was completely limp. She had no body control at all and as I pulled her towards my chest her head flopped forward. I knew then that she was completely unconscious and was in trouble."

The Murphys rushed Chloe to the Royal Children's Hospital.

"Kat was looking at Chloe and talking to her. When Chloe did not respond, Kat started screaming for her to wake up."

In surgery, it was discovered that Chloe had a fractured skull, and she had a subdural haematoma removed.

She died two days later when the Murphys turned off her life support system.

An autopsy concluded the cause of death was head injuries and three fractures were found in the baby's left arm.

Prosector Brendan Kissane told the court Gift was the only person who could have caused Chloe's injuries.

Mr Kissane said the fractures to Chloe's arm were caused by a "severe twisting or wrenching".

A forensic pediatrician who reviewed Chloe's medical file found that the overall pattern of her injuries strongly suggested shaking was the "causal mechanism".

When interviewed by police, Gift said Chloe had been happy and laughing when dropped off by the Murphys but later had trouble breathing.

She said when Mr Murphy went to pick up Chloe she heard a "pop".

Questioned by Robert Richter, QC, for Gift, forensic pathologist Melissa Baker, who conducted the autopsy on Chloe, said it was possible the head injury suffered by Chloe could have occurred before she was taken to the babysitter's house.

Dr Baker agreed Chloe could have suffered head trauma up to two days before falling unconscious.

The committal hearing continues on Tuesday.